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ninch-announce: NEW BALANCED COPYRIGHT LEGISLATION INTRODUCED

ninch-announce: NEW BALANCED COPYRIGHT LEGISLATION INTRODUCED

NEW BALANCED COPYRIGHT LEGISLATION INTRODUCED

David Green (david@ninch.org)
Fri, 5 Sep 1997 11:10:57 -0400 

Message-Id: <v02130518b035bfd0332f@[192.100.21.23]>
Date: Fri, 5 Sep 1997 11:10:57 -0400
To: ninch-announce@cni.org
From: david@ninch.org (David Green)
Subject: NEW BALANCED COPYRIGHT LEGISLATION INTRODUCED

*****************
NINCH ANNOUNCEMENT
September 5, 1997


     SENATOR JOHN ASHCROFT INTRODUCES BALANCED COPYRIGHT LEGISLATION

                   Support Needed for the Ashcroft Bill


Partly responding to the Administration's recent proposed legislation to
implement the WIPO Copyright Treaty, Senator John Ashcroft (R-MO)
introduced a comprehensive copyright bill this Wednesday, Sept. 4: the
DIGITAL COPYRIGHT CLARIFICATION & TECHNOLOGY ACT OF 1997 (S. 1146).


**New Bill Responds to Unbalanced Administration Bill**

The proposed WIPO implementing legislation introduced this July (H.R. 2281
and S. 1121) has been criticised by the Digital Future Coalition and
members of the cultural community on two counts.

First, that it goes too far both in protecting online material through
technological means (banning all devices that could be used to circumvent
technological measures designed to restrict access or prevent unauthorized
reproduction of copyrighted works--Section 1201) and in asserting the
liability of individuals who, with no intention of infringing copyright,
incidentally alter copyright management information used to identify
copyrighted works, even for legal purposes--Section 1202).

Secondly, H.R. 2281/S. 1121 fails to mention any of the principal concerns
of the library, educational and cultural community. The issues of fair use,
first sale, library preservation and distance education, all critical to
the users of copyright material, are not addressed in the Administration's
bill. (The text of the bill may be seen at
<http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281:>.

More detailed commentary on Sections 1201 and 1202 of S. 1121/H.R. 2281 may
be found on the web site of the Digital Future Coalition at
<http://www.ari.net/dfc/docs/stwip.htm>.


**Ashcroft Bill Takes a More Comprehensive Approach**

Answering the limited and unbalanced approach of these bills, Senator
Ashcroft's bill offers a comprehensive approach that aims to transfer the
current balance between the owners and users of copyright material seen in
current copyright law into the digital environment.  In his remarks to the
Senate this week, Senator Ashcroft articulated the chief goals of his
legislation:


"* First, the legislation would clarify the extent of liability for
entities who transfer information via the Internet without control of the
content.

* Second, the bill would provide for a rapid response to copyright
infringement with the cooperation of the copyright owner and the on-line
service to take down the infringing material, helping to curtail piracy.

* Third, the Act will provide for the use of digital technology in
education, research, and library archives, including updating the fair use
doctrine for electronic media.

* Fourth, the legislation provides a standard for liability based on
individual conduct, not a standard that constrains the development of new
technology."

See
<http://thomas.loc.gov/cgi-bin/query/D?r105:2:./temp/~r105MMC6:e42926:> for
the full text of Senator Ashcroft's remarks.


**REASONS TO SUPPORT THE ASHCROFT BILL**

In its announcement yesterday, the American Library Association highlighted
amendments to the current Copyright Act that the Ashcroft Bill would make.
These include:

"**  libraries and non-profit educational institutions should not be liable
for copyright infringement based solely on the basis of their users'
activities and that any changes to the law of liability in this area must
recognize the unique nature and mission of libraries and schools;

**  the Fair Use Doctrine (Section 107 of the Copyright Act) applies in the
digital environment;

**  libraries and archives may use digital technology to preserve
endangered materials and may make three preservation copies (provided that
only one is available for use at a given time);

**  educators engaged in distance or asynchronous learning may use computer
networks to remotely distribute a broader range of materials directly
related to a defined curriculum to students enrolled in their classes;

**  electronic copies of material incidentally or temporarily made in the
process of  using a computer network may not serve as the sole basis for
copyright infringement liability; and

**  individuals who deliberately use a computer network to violate
copyright should be subject to substantial civil (but not criminal)
liability, and that punishing infringing conduct is a better way to deter
illegal activity than banning the manufacture of valuable devices with
multiple purposes, such as personal computers or the next generation of
video recorders.  (Librarians and educators must have access to such
devices to actually take advantage of fair use or other privileges afforded
them under the Copyright Act.)"


NINCH supports this comprehensive legislation.  Readers of this list are
encouraged to explore the text of the bill when it becomes available but
also to promptly express your support for this comprehensive approach to
copyright legislation.  We would encourage you to:

1. E-mail or fax your thanks to Sen. John Ashcroft at
<john_ashcroft@ashcroft.senate.gov> or 202/228-6154, especially if you're a
Missourian;

2. E-mail or fax a message to your Senators and Representatives.  Urge them
to support the "Digital Copyright Clarification and Technology Act" (S.
1146).


===============================================================

David L. Green
Executive Director
NATIONAL INITIATIVE FOR A NETWORKED CULTURAL HERITAGE
21 Dupont Circle, NW
Washington DC 20036
www-ninch.cni.org
david@ninch.org
202/296-5346                                  202/872-0886 fax

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